1. Applicant’s Name: a. Application Date: 8 December 2015 b. Date Received: 15 December 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requested a change to his narrative reason for separation. It should be noted the applicant did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed in pertinent part by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge. The applicant seeks relief contending, in effect, he would like a change to the narrative reason for separation. The applicant contends that the chapter given was inappropriate. The applicant states that he was discharged for not doing a chest x-ray, which was not an issue of misconduct according to AR 635-200. He requests that the chapter be changed to a medical discharge, since x-ray falls under medical, so he can get a waiver and a second chance in the Army. The record indicates the applicant had a prior records review in 2014. In a personal appearance hearing conducted at Arlington, VA on 9 January 2017, and by a 5-0 vote, the Board determined the narrative reason for the applicant's separation is inequitable based on his personal testimony. Therefore, the board directed the issue of a new DD Form 214 changing the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / Uncharacterized b. Date of Discharge: 21 September 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 28 August 2012 (2) Basis for Separation: The applicant received a Company Grade Article 15 for refusing to follow a lawful command to submit to a chest x-ray, which was required for him to be cleared and shipped to Basic Combat Training (BCT). (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: 28 August 2012 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 10 September 2012 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 July 2012 / 4 years b. Age at Enlistment / Education / GT Score: 25 / Bachelor’s Degree / 100 c. Highest Grade Achieved / MOS / Total Service: E-4 / None / 1 month, 22 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Based on the Commander’s Report, the applicant received a CG Article 15 on 14 August 2012 for failing to follow a lawful command. The punishment consisted of a reduction to E-3 and forfeiture of $410 pay. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; memorandum for Reception Behavioral Health; sworn statement; prescription document; and extracts from AR 40-501 and AR 635-200. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or being absent without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted. Paragraph 14-12c states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, Misconduct (Serious Offense). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of 3. 8. DISCUSSION OF FACT(S): The applicant requests a change to his narrative reason for separation. It should be noted the applicant did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed in pertinent part by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge. The applicant’s record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms that the applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. It brought discredit on the Army, and was prejudicial to good order and discipline. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance, such that he should have been retained on Active Duty. The appropriate SPD code and narrative reason to assign enlisted Soldiers who are discharged for Misconduct (Serious Offense) is “JKQ” and the RE code is 3. The regulation further stipulates no deviation is authorized. The applicant contends that the chapter he received was inappropriate; he was discharged for not taking a chest x-ray, which was not an issue of misconduct according to AR 635-200. The applicant’s contentions were noted; however, it appears the applicant’s failure to follow a lawful command was considered serious misconduct, and in the applicant’s case, his continued service in the Army was contingent upon him being cleared and shipped to BCT, which was impeded by his refusal to submit to a chest x-ray. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he should not have been discharged for his act of misconduct. It should be noted that the applicant was in entry-level status (ELS) at the time the unit commander initiated separation action under the provisions of Chapter 14, paragraph 14-12c. A Soldier is in ELS for the first 180 days of continuous active duty. The purpose of the entry-level status is to provide the Soldier a probationary period. Army Regulation 635-200 also provides, except in cases of serious misconduct, that a Soldier’s service will be uncharacterized when his separation is initiated while the Soldier is in entry level status. Further, a general, under honorable conditions discharge is not authorized under ELS conditions and an honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. The applicant’s record confirms that no such unusual circumstances were present and his service did not warrant an honorable discharge. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional documents and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional documents: X-ray results – 1 page b. The applicant presented no additional contentions. c. Witness(es) / Observer(s): None 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 9 January 2017, and by a 5-0 vote, the Board determined the narrative reason for the applicant's separation is inequitable based on his personal testimony. Therefore, the board directed the issue of a new DD Form 214 changing the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason to: Misconduct (Minor Infractions) AR 635-200, Chapter 14-12a d. Change SPD / RE Code to: JKN / No Change to RE-Code e. Restore (Restoration of) Grade to: NA AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NCO – Noncommissioned Officer SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH – Behavioral Health HD - Honorable Discharge NOS – Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS – Entry Level Status MST – Military Sexual Trauma PTSD – Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA – Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20160000939 4